Controlul exercitat de Consiliul Concurenţei în legătură cu practicile anticoncurenţiale
The control exercised by the Competition Council in relation to the anti-competitive practices

Summary/Abstract: The principle of the free competition mainly implies the possibility for the operators on the economic market to take all available means in order to attract clients, not existing a limiting and constraining list of the competitive practices. In other words producing such damages following the competition practices is not considered illicit. There are illicit only the abuses that are made in performing this principle. In this way, the precision of the competitive damage must be submitted to a double conditions: the competitive procedures must not falsify the mechanism of the market and must not be disloyal. The practices and operations that affect the competitive mechanisms assign, on one side the anticompetitive practices and on the other side the operations of economic contraries, both with a joint characteristic – affecting the market performance, restraining or even supressing the competition. In this article, from reasons of graphic space, there are examined only the anticompetitive practices. In the Romanian legal system, the anticompetitive practices are framed in two big categories: illicit understandings of any kind and the abusive use of a dominant position. In the article it is made an elaborate analysis of these two categories: illicit understandings and abusive use of the dominant positions.

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